2013 (7) TMI 280 - AT - Customs

Matter referred to Larger Bench - Difference of opinion - Issue of levy of duty - Held that - adjudicating authority had finalised the assessment under Notification No.94/96-Cus. treating the amount of duty leviable as basic customs duty and not additional duty of customs - Commisioner confirmed order and held that special additional duty of customs is leviable on imported goods and no interest is to be charged on duty paid by debiting to the DEPB licence - Issue referred for consideration by the Larger Bench, does not fall for consideration - Since the issue referred does not arise in the factual matrix of the appeal, we decline to answer the reference.

Summary

Issues involved:
Interpretation of Notification No.94/96-Cus. dated 16.12.96 regarding re-imported goods and levy of special additional duty of customs (SAD) under Section 3A of the Customs Tariff Act.

Analysis:
The judgment by the Appellate Tribunal CESTAT AHMEDABAD, delivered by Mr. Justice Raghuram, addresses the issue referred for consideration by the Larger Bench regarding the treatment of goods re-imported and cleared under Notification No.94/96-Cus. dated 16.12.96. The counsel for the assessee argued that the issue does not apply to the facts of the appeal, as the assessment under the said notification was finalized by the adjudicating authority treating the duty leviable as basic customs duty, not additional duty of customs. The Commissioner (Appeals) affirmed this view, stating that the duty paid under the notification should be considered as basic customs duty, and that SAD is leviable on imported goods separately. Moreover, it was clarified that no interest is chargeable on duty paid by debiting to the DEPB license.

In light of the facts presented in the appeal, the Tribunal concluded that the issue referred for consideration by the Larger Bench does not pertain to the current case. As the issue in question does not align with the factual context of the appeal, the Tribunal declined to provide an answer to the reference. The Tribunal directed the appeal to be listed before the appropriate Division Bench for a determination on the merits, emphasizing the need for a case-specific assessment. The judgment highlights the importance of aligning legal interpretations with the specific circumstances of each case to ensure accurate and fair adjudication of customs duty matters.